March 2014 Archives

A contract dispute between teachers and New York City officials appears to be close to a resolution. There is hope that a formal agreement will be reached between the parties by the end of the school year. Such an agreement could potentially extend the teacher contract until 2018.

In March 2014, the New York Civil Liberties Union (NYCLU) announced a settlement in the matter of Lowe v. The Salvation Army, a claim by former Salvation Army employees, some of whom claim they were fired for protesting the imposition of religious requirements on employees paid with government grant money.

By Steve Shulman of Shulman Kessler LLP posted in Employee Rights on Monday, March 24, 2014.

Known as the "kingpins" of the New York City carwash industry, John Lage, Michael Lage and Fernando Magalhaes have agreed to pay millions of dollars in a settlement reached earlier in March 2014 for labor law violations and employee rights violations.

Workplace discrimination is more than just a supervisor creating a hostile work environment or refusing to promote someone because he or she falls into a protected category. It is more than just treating some people differently because of their religion, national origin or race. Workplace discrimination can also manifest as wrongful termination, in which an employer fires an employee because of his or her membership in a protected category or in retaliation for exercising his or her employee rights.

On behalf of Shulman Kessler LLP posted in Sexual Harassment on Tuesday, March 18, 2014.

When many people in New York City think of Anita Hill, they think of a woman sitting in front of the Senate Judiciary Committee answering personal questions about her relationship with her former boss, Clarence Thomas. It is relatively rare for someone's work relationship to be broadcast so publically, but Thomas was up for an open seat on the Supreme Court of the United States. Before his nomination could be confirmed by the Senate, however, the senators wanted to hear Hill's testimony.

In 2014, the Equal Employment Opportunity Commission (EEOC) filed a disability discrimination complaint against a hospital for terminating an employee with a disability in violation of the Americans with Disabilities Act ("ADA").

McDonald's workers in New York have filed a lawsuit against their franchise owners and against the corporation behind the franchises in an attempt to get the company to pay for the cost of cleaning their uniforms. It would be unhygenic, if not impossible, not to clean a uniform that is covered in grease, fat, salt and the smell of fast food, but the cost of doing so should not be borne by its underpaid employees, argue the workers. Their lawsuits are part of many other lawsuits filed against the fast-food giant regarding wage and hour laws.

In January 2014, New York State Governor Andrew Cuomo signed the Commercial Goods Transportation Industry Fair Play Act. Under the new law, commercial delivery companies that currently classify their drivers as independent contractors must reclassify them as employees.

Most working adults in Long Island have made it through high school and, even if they don't remember all of the math that they've learned, they should be able to remember certain basic concepts. Some jobs require a very specialized knowledge of math and some just require the ability to add, subtract, multiply and divide. Regardless of the job, it seems that managers are more likely to hire men than women to perform mathematical tasks.

As February brought an end to Black History Month, the nation was once again reminded of the outstanding achievements of African Americans. The month was peppered with a proud homage to American's great black artists, abolitionists, scientists, educators, horticulturists, ecologists, filmmakers, actors, musicians and authors.

On behalf of Shulman Kessler LLP posted in Sexual Harassment on Wednesday, March 5, 2014.

An employee at a communications company in New York has filed a sexual harassment suit against two of his former female workers for allegedly making him feel like a male sex object at the Manhattan public relations firm where he was employed.

The recent wage and hour dispute of a popular sports bar chain could not have come at a better time. As Democrats in Congress lobby to raise minimum wage to $10.10 an hour, and the federal wage tip to $7.10 an hour, the labor department has announced a settlement ruling the sports bar chain owes a multi-million dollar amount in back pay, illegal appropriation of tips from servers and other minimum wage and overtime regulations.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.